A British Columbia Supreme Court judge has ruled that the province is not liable in the tragic 2018 death of a woman who was struck by a falling tree while hiking near Campbell River.
In a decision released on April 21st, the court acknowledged the devastating loss suffered by the family of Monica Marklinger, but ultimately found that provincial officials did not act with the level of negligence required to be held responsible under the law.
“The events that have led to this trial are extraordinarily tragic,” the ruling states.
The incident took place on July 17th, 2018, when Marklinger was hiking the Ripple Rock trail with her daughter. A dead alder tree suddenly collapsed and struck her. Despite her daughter’s efforts to save her, she died from her injuries.
The court heard that the tree fell due to a sudden root collapse, something experts say is extremely difficult to detect in advance.
At the centre of the case was whether the province failed in its duty to keep the trail safe.
Because the trail is considered a recreational trail, the legal bar is higher for anyone trying to prove fault. Under BC’s Occupiers Liability Act, the province would only be responsible if it acted with “reckless disregard” for someone’s safety.
That means more than just getting something wrong. The court had to determine whether officials knowingly ignored a serious risk.
The Province pointed to its inspection process as part of its defence.
A certified assessor completed a visual inspection of the trail on March 18th, 2018, just a few months before the incident. During that inspection, the tree was looked at but was not classified as dangerous because it appeared to be leaning away from the trail.
The judge accepted that the assessment was done properly and followed standard procedures.
The court found the assessor “made the determination… to the best of his ability in the conditions at the time.”
An expert witness also supported the province’s approach, saying the inspection met accepted industry standards and that root failures like this are often invisible.
“It is very difficult if not impossible to predict with certitude when a tree will fall,” the expert evidence noted.
In the end, the judge ruled that while the outcome was heartbreaking, the Province’s actions did not amount to reckless disregard.
The court found the actions were “better described as inadvertence” rather than recklessness.
The decision highlights that the law does not expect perfect safety in natural environments like forests, where some risks are unavoidable.
The ruling also reflects on the impact Marklinger’s death had on her family, describing her as active, adventurous and deeply loved.
“The loss of Ms. Marklinger has been profoundly painful for her family.”
The claim against the Province was dismissed.
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